Allowance And Apportionment Of Costs Of Partition - Costs Of Partition - Civil Procedure - CA

Section § 874.010

This law outlines what costs are involved when dividing property through court, known as partition. These costs can include reasonable attorney's fees that help everyone involved, fees for a referee (a neutral person who assists the court), payments for surveyors or other professionals hired by the referee, costs for getting a title report, and any other expenses deemed necessary by the court for the benefit of all parties involved.

The costs of partition include:

(a) Reasonable attorney’s fees incurred or paid by a party for the common benefit.

(b) The fee and expenses of the referee.

(c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.

(d) The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action.

(e) Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit.

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Section § 874.020

This law explains that when property is divided among owners, the costs of dividing it, such as legal fees and other necessary expenses, can be shared if they were incurred to benefit everyone. This could include costs from legal actions to protect or clarify ownership, to define property boundaries, or to survey the property. These expenses also earn interest at the legal rate from the time they were made.

The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, or making a survey of the property, with interest thereon at the legal rate from the time of making the expenditures.

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Section § 874.030

If you've paid for something because a court told you to, you can get interest at the legal rate from the time you paid it until you get reimbursed.

Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements.

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Section § 874.040

This law states that when property is divided among parties by the court, the costs should generally be shared based on each party's share of the property. The court can also decide on a different way to split the costs if it seems fair to do so.

Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.

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Section § 874.050

This law allows a court to make others pay the shared costs of something that benefits a future interest, like when a property is expected to go to someone in the future. If these payments are made, the payers can get reimbursed, with interest, once that future interest becomes relevant. This ensures that the person who eventually gets the future interest will cover their share of the costs.

(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest.

(b) Where the court orders payment pursuant to this section, such payment is subject to a right of reimbursement, with interest at the legal rate, secured by a charge upon the future interest.

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